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A husband and wife own property with a mortgage payment due on the first of each month. They are thirty days late in making a payment and receive notice from the lender to make payment within ten days. If they fail to make the payment the entire loan balance becomes payable immediately. Which clause in the mortgage allows the lender the right to take such action

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Acceleration Clause in the mortgage allows the lender the right to take such action .

What is Acceleration Clause?

  1. If specific conditions are not met, a lender may demand a borrower to return the entire amount of the loan under the terms of an acceleration clause.
  2. An acceleration clause defines the conditions under which the lender may seek loan repayment as well as the amount that must be paid.
  3. The acceleration clause describes the conditions under which the lender may request loan payback and the amount of repayment necessary, such as upholding a particular credit rating.
  4. The majority of acceleration provisions are found in mortgage loans, which reduce the lender's risk of default.
  5. They can be designed for other events as well, but they are typically based on payment defaults.
  6. In most situations, if a term of the loan has been violated, an acceleration clause will demand that the borrower pay the entire balance due right away.
  7. Invoking the acceleration clause results in the borrower being relieved of all remaining interest payments and effectively paying off the loan early.

What is Alienation Clause?

  • When a borrower sells or transfers their home, the alienation clause in their mortgage contract provides the mortgage lender the right to demand immediate and complete repayment of the debt, including principle and interest.
  • Before the buyer's title to the property may be transferred, the provision stipulates that the remainder must be paid. This condition is also known as the "due-on-sale clause" since the balance becomes payable when the property is sold. This provision shall be applicable whether or not the sale or transfer is voluntary.

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